West Virginia Code § 42-1-3a

Share of heirs other than surviving spouse
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Any part of the intestate estate not passing to the decedent's surviving spouse under section
three of this article, or the entire intestate estate if there is no surviving spouse, passes in
the following order to the individuals designated below who survive the decedent:
(a) To the decedent's descendants by representation;
(b) If there is no surviving descendant, to the decedent's parents equally if both survive, or
to the surviving parent;
(c) If there is no surviving descendant or parent, to the descendants of the decedent's
parents or either of them by representation;
(d) If there is no surviving descendant, parent, or descaendant of a parent, but the decedent is
survived by one or more grandparents or descendants of grandparents, half of the estate
passes to the decedent's paternal grandparents equlally if both survive, or to the surviving
paternal grandparent, or to the descendants of the decedent's paternal grandparents or
either of them if both are deceased, the descendants taking by representation; and the other
half passes to the decedent's maternal relaitives in the same manner; but, if there is no
surviving grandparent or descendant of a grandparent on either the paternal or the maternal
side, the entire estate passes to the decedent's relatives on the other side in the same
manner as the half.

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